The International Crimes Act, 2008 (a) the prospective witness has consented to giving the evidence or assistance requested; and (b) the ICC has given adequate assurances where appropriate. (2) The Attorney-General shall — (a) approve and arrange the travel of the witness to the ICC; www.kenyalaw.org (b) obtain such approvals, authorities, and permissions as are required for that purpose, including, in the case of a person who although not liable to be detained in a prison is subject to a sentence— (i) the variation, discharge, or suspension of the conditions of the person’s release from prison; or (ii) the variation or suspension of the person’s sentence, or of the conditions of the person’s sentence; and (c) take such other action for the purposes of subsection (1) as he thinks appropriate. Temporary Transfer of Prisoners Request for temporary transfer of prisoner. (Cf. Rome Statute, articles 93 (1) (f) and (7).) 90. Where the ICC requests assistance under paragraph 1 (f) of article 93 of the Rome Statute in facilitating the temporary transfer to the ICC of a Kenyan prisoner, the Attorney-General shall give authority for the request to proceed if he is satisfied that— (a) the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and (b) the prisoner’s attendance is sought for the purposes o f identification or for obtaining evidence or other assistance. Consent required and assurances may be sought. 91. (1) If the Attorney-General gives authority for the request to facilitate the temporary transfer of a Kenyan prisoner to proceed, he shall forward the request to the 57